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HomeMy WebLinkAbout11-19-18 City Commission Packet Materials - C12. Ord 2015 Final, 16th and Olive ZMA1 REPORT TO: Mayor and City Commission FROM: Danielle Garber, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 2015, the 16th and Olive Zone Map Amendment to designate approximately 0.59 acres as R-5, Residential Mixed-Use High Density, Application 18323. MEETING DATE: November 19, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2015, establishing an R-5, Residential Mixed-Use High Density district for 0.59 acres, located at 1608 West Olive St and 215 South 16th Ave. The property consists of two parcels of land. BACKGROUND: The City Commission conducted a public hearing on October 8, 2018 for Application 18323 and preliminarily approved the 16th and Olive Zone Map Amendment. The zone map amendment was approved to change the zoning of two parcels from R-3 Residential Medium Density to R-5. The approval was subject to the required contingencies of approval that have been satisfied by the applicant. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 2015 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 2015 Zone Map Amendment Exhibit Report compiled on November 8, 2018 Commission Memorandum 181 Page 1 of 4 ORDINANCE NO. 2015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE APPROXIMATELY 0.59 ACRES TO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, KNOWN AS THE 16TH AND OLIVE ZONE MAP AMENDMENT WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A..; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to establish a zoning classification of R-5 (Residential Mixed-Use High Density District) for 0.59 acres of the property has been properly submitted, reviewed, and advertised; and 182 Ordinance 2015, 16th And Olive Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission held a public hearing on September 18, 2018, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on October 8, 2018, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as R-5, Residential Mixed-Use High Density District: Lot 1-A & 2A, Block 1 of Richards Subdivision, Plat J-30-D, located in Section 12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances 183 Ordinance 2015, 16th And Olive Zone Map Amendment Page 3 of 4 of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 184 Ordinance 2015, 16th And Olive Zone Map Amendment Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 19th day of November 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: __________________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 3rd day of December 2018. The effective date of this ordinance is January 2, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 185 12,769 SF 0.29 acres LOT 2A 13,133 SF 0.30 acres LOT 1A 0° 26' 56"173.73'NW89° 05' 37" 41.52' S W 4 7° 14' 4 5" 172.8 0' S E 0° 11' 03"53.79'SE88° 52' 25" 167.24' S W 215 S 16TH AVE 1608 WEST OLIVE ST 25,901 SF 0.59 acres COMBINED LOT N 89° 00' 00"102.48' N E 0° 26' 57"26.54'NW89° 33' 03" 60.22' N E0° 26' 56"17.74'SE0° 26' 56"60.26'NWZONING: R-5 PROPERTY LINES 1608 WEST OLIVE ST LEGAL DESCIPTION: RICHARDS SUB, S12, T02 S, R05 E, BLOCK 1, Lot 1-A, PLAT J-30-D 215 S 16TH AVE LEGAL DESCIPTION: RICHARDS SUB, S12, T02 S, R05 E, BLOCK 1, Lot 2A, PLAT J-30-D ZONING: R-5 R/W CENTERLINE R/W CENTERLINEWEST OLIVE STREET SOUTH 16TH AVE 1" = 30'-0" 11/1/2018 6:00:39 PM ZMA. ZONE MAP AMENDMENT 16TH AND OLIVE 3G PROPERTIES 1" = 30'-0"1 ZONE MAP AMENDMENT. 186